The Congress on Friday petitioned the Election Commission (EC) against the government's move to extend postal ballot facility to electors aged 65 and above, and demanded its reversal. The party, in a meeting held through video-conferencing, urged the commission to utilise its powers under Article 324 of the Constitution and direct an immediate withdrawal of the decision.
Elections to the 243-member Bihar assembly are due before November 2020.
The Law Ministry on Thursday amended the Conduct of Election Rules, 1961 to extend the postal ballot facility to electors aged 65 and above, as also COVID-19-positive patients under home or institutional quarantine.
"The manner in which this decision has been taken demonstrates a complete non-application of mind and a shocking circumvention of any consultation process with the key stakeholders (i.e. any other political parties other than the ruling regime)," the Congress memorandum to the EC said.
Party leaders Ahmed Patel, Randeep Surjewala, Abhishek Singhvi and Pranav Jha said even upon a cursory examination, the numerous legal deficiencies in this decision become apparent.
"In our considered opinion, the present amendment is a brazen attack on not only the democratic structure of our nation but also represents an abdication of duty by this commission of its powers and responsibility enshrined under Article 324 of the Constitution of India," they said.
"In fact, this amendment directly offends and violates Article 324 by reducing the scope for the conduct of 'free and fair elections', the protection of which is the heart and soul of this Constitutional protection," the memorandum said.
The Congress said the secrecy clause in voting, which is intrinsic to constitutional democracy, will stand violated if this rule is implemented in the upcoming elections in Bihar.
Since a large number of voters in India are uneducated, they might utilise the services of others at numerous stages and end up disclosing their preferred candidate, which will completely give up the aspect of maintaining secrecy in their voting, the party said.
The Congress said the commission could not overlook the Supreme Court rulings in this regard and that no political party was consulted before taking this decision.
It also demanded setting up of a separate booth for senior citizens to minimise the risk of infection during the Bihar elections.
The Congress highlighted that there has been a very high rejection rate of postal ballots in the last Lok Sabha election and this option is not suggested.
"Yet, in a surprising departure from this tradition, this commission has lent its support to an amendment which exposes a high percentage of voters to organised administrative influence or influence by the government or the ruling party or their agents, who shall be able to identify these individuals in advance (with ease) and influence how they vote without the protection of the secret ballot," the memorandum said.
Endangering the integrity of the voting process and undermining its sanctity in this fashion on a potentially massive scale is simply unacceptable, the Congress said.
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